Cap1 & CCA return

[Viscount Stair]

Is that enforceable, VS?

 

 

;-)

Yup! Guilty as charged!!!

 

And I'd have gotten away with it if it hadn't been for those pesky double negatives!

[Jeff2000]

The debt would be covered by the new agreement and the unenforceability of the original agreement will become irrelevant.

 

This is something everyone needs to be aware of, as signing a new agreement post 6 April 2007 means you are no longer protect by s.127(3) CCA 1974.

 

I am aware of several unscrupulous companies offering "top ups" to previous loans that are unenforceable, meaning a new agreement is entered which is fully enforceable.

 

Watch out for this practice, folks.

 

 

 

 

 

Hi,

 

 

I would be also aware of this company;

 

Balance Transfer Programme

 

 

It seems that Link Financial's latest tactic is to pass on accounts to this company!

 

At least that is what they have done to one of my alleged accounts!

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/58913-mbna-link-financial.html

 

 

Regards, Jeff.

[Viscount Stair]

Thanks for drawing attention to this.

 

Sadly, there will be people who fall for it through lack of awareness.

[sequest]

If the interest is front loaded, then there should be an early settlement rebate if the loan is repaid early.

 

If there were unlawful charges or if the correct early settlement rebate was not given, those could still be reclaimed but only those.

 

However, I do agree that the new agreement is unenforceable even if the previous one was not.

 

Thanks Viscount.

[babydoll0141917]

Hi guys ..could you tell me my nxt possible move on this thanks

 

UPDATERight guys ive just received this CCa from robbers way reqarding an Marbles/HFC account..looks like it has just been printed off,,no signatures anywhere, not even any room for them,, Also the account number on the agreement aint mine lol ,,, What a bunch of twits they are ...Also they have sent me 2 of the same agreements with other peoples names and addresses on them ..OHHHH DEAR ...What happened to Data protection??took the card out july 2005..was the late fees 12.00 quid then?? received no other paper work from them..So i have a newly printed of agreement with no sigs and not even my account number,,also have 2 other poor peeps agreements ..where do i go from here guys??http://i152.photobucket.com/albums/s...1/P1010052.jpg

http://i152.photobucket.com/albums/s...1/P1010051.jpg

ive also noticed that it says the bank of scotland plc are the money lenders....Ithought it was the beneficial bank or some1 like that

[foolishgirl]

..Also they have sent me 2 of the same agreements with other peoples names and addresses on them ..OHHHH DEAR ...What happened to Data protection??

 

 

 

Oh dear indeed! Think you might like to pass this info. on to ICO

 

The first image looks odd at the top Babydoll. Did it come like this or did you fold it over or something? It looks to me more like the reverse of an application form than anything resembling a CCA.

 

If they've not sent you YOUR account (ie. account no, name, address etc) they've not complied with the S77/78 request & looks like they've also shot themselves in the foot over the DPA.

[uptoneck]

The fact that it says Bank of Scotland makes me think they're trying to fob you off with a brand new agreement.

 

BOS has only just acquired Marbles. Back in 2005 it was owned by HFS a subsiduary of HSBC.

 

Like Foolishgirl says: looks like they've shot themselves in the foot over this one

[babydoll0141917]

Hi upto neck and foolish ..thanks so much for taking the time out to look at this agreement ..i find it very strange also ..

 

Foolish girl..i just folded over the top part of the cca as it had my address..but they even spelt that wrong..and my so called account number,just b4 i folded it it does say credit card agreement regulated by the consumer credit act 1974

 

Uptoneck,,,i knew halifax didnt own it at the time i got the card,,glad they have shot theirselfs in the foot ..anyone know of a good letter i should send ..and do i mention that i have mrs and miss agreements has well ..or do i keep quiet about them

 

thanks guys

[patrickq1]

Hi Paul

 

After an hour sat in the bank they still would not hold there hands up.

 

The bank manager said all the power has been taken from them and it has to be passed to Customer relations.

 

I have given her 2 weeks to sort out or I will be issuing Court proceedings personal to her at the local branch and inform the Police as possible fraud.

 

Basically the bank have sold us PPI we did not ask for but forgot to put it on the agreement...

I WOULD BE MORE INCLINED TO BRING IN THE FRAUD SQUAD IMMEDIATLY JUST TO MAKE SURE YOU ARE NOT THEN PARTY TO A COVER UP OF A KNOWN FRAUD

GO FOR IT HAK WHICHEVER WAY THEY WOULD HAVE TO SCRUB THE DEBT

PATRICKQ1

[uptoneck]

 

Uptoneck,,,i knew halifax didnt own it at the time i got the card,,glad they have shot theirselfs in the foot ..anyone know of a good letter i should send ..and do i mention that i have mrs and miss agreements has well ..or do i keep quiet about them

 

thanks guys

 

I'd wait until after the deadline for non-compliance has passed if I were you, then send them a letter similar to the one posted by Slick132 here: http://www.consumeractiongroup.co.uk/forum/barclaycard/139191-tonka-99-barclay-card.html#post1483476

[Viscount Stair]

That letter needs to be tweaked to remove the reference to the criminal offence that was repealed last May.

[Desperate Daniella]

Hi Babydoll,

 

You might want to write to the people whose info they sent you too.

 

DD

[babydoll0141917]

Uptotheneck...thank you so much a letter is on its way on monday ...and despratedan i am going to write to the owners of the agreements i have and send them copies of the agreements too.U are angels thank you

 

BD x

 

Can or shall i add in the letter to robbers way that they have not given me the right account number..and also that they have sent me other ppls agreements as well..??

Edited April 16, 2009 by babydoll0141917

[Jeff2000]

Uptotheneck...thank you so much a letter is on its way on monday ...and despratedan i am going to write to the owners of the agreements i have and send them copies of the agreements too.U are angels thank you

 

BD x

 

 

 

 

You might also want to point them in the direction of us lot.

 

 

Just in case!!!

 

 

 

 

 

Regards, Jeff.

[babydoll0141917]

Jeff ..I will mention Cag thats a deffo ....What is cags website addy i will add it in my letters

[Viscount Stair]

Following up on the posts about replacing an old, unenforceable agreement with a new, enforceable one, a thought has occurred to me.

 

Where this was initiated by the creditor, would the unfair relationships provisions potentially apply?

 

Granted that is entirely discretionary (so an unsympathetic DJ would find it very easy to throw out) but I thought it was worth highlighting to see what others thought.

[Jeff2000]

Jeff ..I will mention Cag thats a deffo ....What is cags website addy i will add it in my letters

 

 

 

 

The Consumer Forums - Welcome to the The Consumer Forums

[Having_A_Knightmare]

Just drafting a letter to the bank..

 

Has anybody got the case law cases for defaulting incorrectly..

 

I know there is 2 but cant find them... I think Swain something and the PC world one

 

 

Cheers

 

HAK

[Viscount Stair]

It's Durkin v DSG Retail. A Sheriff Court case from Scotland. I don't have the link to hand but it is on the Scottish Courts Administration website.

[Having_A_Knightmare]

Cheers VS

 

do you know the correct heading for the Swain case

[banker_rhymes_with]

Hello HAK!

 

I think this is the one:

 

Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 1998)

 

Cheers,

BRW

[Having_A_Knightmare]

Thanks BRW..

 

HAK

[banker_rhymes_with]

Hello HAK!

 

I think this is the other fella:

 

RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

Cheers,

BRW

[Peterbard]

Cheers VS

 

do you know the correct heading for the Swain case

 

HI Hak

 

I think your agreement was secured don't forget section 106 and 113.

 

Peter

[Viscount Stair]

Thanks, BRW. I'm getting better at remembering what to look for but still not always where to find it.

 

Woodchester is THE case on defaults.

 

Durkin is more of a recent application of the same principle as in Khorapor (spelling ?) and a very expensive one indeed for DSG.